If a pedestrian causes an auto accident, the driver’s insurer can go after them for damages. In legal terms, the situation is the same as any other claim where someone else is at fault. Everyone using the road has a duty of care, including pedestrians. In this guide, potential clients can learn how a pedestrian accident attorney in Crofton, MD can provide a defense in at-fault cases.
When the Pedestrian Is at Fault
An accident between a car and a pedestrian can have lifelong effects for both parties. If a motorist strikes a pedestrian and they have collision insurance, the driver may use it to pay for repairs, and the insurer will investigate to determine fault. Although a pedestrian may be found responsible, not all insurers will pursue the individual or their estate to make a financial recovery.
When the Driver Is Responsible for a Pedestrian Accident
If a driver hits a pedestrian and they are determined to be liable for the accident, the motorist’s bodily injury insurance would pay for the person’s death or serious injuries up to the policy limit. However, if the pedestrian is held liable and the driver’s insurance company elects not to pursue a recovery from them, the motorist is unable to recover the deductible they paid. If a person is insured as a driver but is hit by a car as a pedestrian, they may be able to rely on PIP (personal injury protection), medical payment coverage, or uninsured motorist insurance to pay the damages when the at-fault driver’s policy won’t cover the injuries.
When Both Parties Share Blame
Liability isn’t always clear-cut when it comes to pedestrian accidents. In many cases, both parties’ negligent behaviors can contribute to the event. Depending on the jurisdiction, shared fault can affect a potential lawsuit in two ways. For instance, a jury can say that a plaintiff is 60% at fault and the defendant is 40% to blame. In these areas, the defendant would only have to pay 40% of the accident’s damages. However, according to Maryland’s contributory negligence law, the defendant would not have to pay anything because the plaintiff was more than half responsible for the accident. Contact us to schedule a consultation with a pedestrian accident attorney in Crofton, MD.
